Kalaiyarasi And 3 Others v. Mrs.Kasthuri And 6 Others

KRISHNAN RAMASAMY J., The applicants / defendants 3 to 6 have filed the present application to condone the delay of 98 days in filing the application to set aside the exparte decree dated 25.03.2022 passed in the above suit.

2. Heard the learned counsel for the applicants and the learned counsel for the respondents.

3. The reasons assigned for the delay of 98 days, is that the applicants one after the other were suffering from Corona and they were in quarantine. The learned counsel appearing for the respondents made strong objections for condoning the delay stating that the learned counsel for the applicants had appeared on several occasions before this Court, but they have not referred about the illness of the applicants.

4. Considering the submission made on behalf of the applicants as well as the respondents and taking note of the particular reason that the applicants one after the other were suffering from Covid-19 and in

quarantine, definitely, they may not be in a position to contact the counsel for the applicant and had no opportunity to reveal the same before this Court, hence in the interest of justice, and being satisfied with the reasons stated in the affidavit filed in support of this application, this application is allowed and the delay is condoned.

29.08.2022 ssd

KRISHNAN RAMASAMY.J., ssd 29.08.2022